The Occurrence Of Separate Opinions At The Federal Constitutional Court

The Occurrence Of Separate Opinions At The Federal Constitutional Court Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Occurrence Of Separate Opinions At The Federal Constitutional Court book. This book definitely worth reading, it is an incredibly well-written.

The Occurrence of Separate Opinions at the Federal Constitutional Court

Caroline Wittig
The Occurrence of Separate Opinions at the Federal Constitutional Court Book PDF

Author : Caroline Wittig
Publisher : Logos Verlag Berlin GmbH
Page : 181 pages
File Size : 46,6 Mb
Release : 2016-12-31
Category : Political Science
ISBN : 9783832544119

Get Book

The Occurrence of Separate Opinions at the Federal Constitutional Court by Caroline Wittig Pdf

Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by building a novel database, the development of which is depicted in this book. Employing data from this database, the occurrence of separate opinions in general and their different types in particular are analyzed. The book introduces a new, universal theory that reconciles and expands existing explanations. In a second step, the theory is applied to the German Federal Constitutional Court. It can be proven that one factor that has been neglected so far plays a decisive role: The judges' behavior depends on the profession they pursue after their time in office. Moreover, the study shows that - contrary to the common literature - it is not mainly the topic that determines a case's conflict potential but rather the number of issues a decision has to address.

Judicial Dissent in European Constitutional Courts

Katalin Kelemen
Judicial Dissent in European Constitutional Courts Book PDF

Author : Katalin Kelemen
Publisher : Routledge
Page : 242 pages
File Size : 43,6 Mb
Release : 2017-09-28
Category : Law
ISBN : 9781317110040

Get Book

Judicial Dissent in European Constitutional Courts by Katalin Kelemen Pdf

Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.

Constitutional Courts in Comparison

Ralf Rogowski,Thomas Gawron
Constitutional Courts in Comparison Book PDF

Author : Ralf Rogowski,Thomas Gawron
Publisher : Berghahn Books
Page : 316 pages
File Size : 50,6 Mb
Release : 2016-08-01
Category : Law
ISBN : 9781785330964

Get Book

Constitutional Courts in Comparison by Ralf Rogowski,Thomas Gawron Pdf

Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.

Comparative Constitutional Reasoning

András Jakab,Arthur Dyevre,Giulio Itzcovich
Comparative Constitutional Reasoning Book PDF

Author : András Jakab,Arthur Dyevre,Giulio Itzcovich
Publisher : Cambridge University Press
Page : 867 pages
File Size : 55,8 Mb
Release : 2017-04-27
Category : Law
ISBN : 9781107085589

Get Book

Comparative Constitutional Reasoning by András Jakab,Arthur Dyevre,Giulio Itzcovich Pdf

A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.

The Two Faces of Judicial Power

Benjamin G. Engst
The Two Faces of Judicial Power Book PDF

Author : Benjamin G. Engst
Publisher : Springer Nature
Page : 255 pages
File Size : 55,6 Mb
Release : 2021-04-17
Category : Political Science
ISBN : 9783030460167

Get Book

The Two Faces of Judicial Power by Benjamin G. Engst Pdf

This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.

The German Federal Constitutional Court

Matthias Jestaedt,Oliver Lepsius,Christoph Möllers,Christoph Schönberger
The German Federal Constitutional Court Book PDF

Author : Matthias Jestaedt,Oliver Lepsius,Christoph Möllers,Christoph Schönberger
Publisher : Oxford University Press
Page : 257 pages
File Size : 49,6 Mb
Release : 2020-03-05
Category : Law
ISBN : 9780192512109

Get Book

The German Federal Constitutional Court by Matthias Jestaedt,Oliver Lepsius,Christoph Möllers,Christoph Schönberger Pdf

This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

Courts in Federal Countries

Nicholas Theodore Aroney,John Kincaid
Courts in Federal Countries Book PDF

Author : Nicholas Theodore Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 600 pages
File Size : 46,7 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781487511487

Get Book

Courts in Federal Countries by Nicholas Theodore Aroney,John Kincaid Pdf

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Dissent and the Supreme Court

Melvin I. Urofsky
Dissent and the Supreme Court Book PDF

Author : Melvin I. Urofsky
Publisher : Vintage
Page : 546 pages
File Size : 46,6 Mb
Release : 2017-01-10
Category : Law
ISBN : 9780307741325

Get Book

Dissent and the Supreme Court by Melvin I. Urofsky Pdf

“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

Constitutional Courts in Comparison

Ralf Rogowski,Thomas Gawron
Constitutional Courts in Comparison Book PDF

Author : Ralf Rogowski,Thomas Gawron
Publisher : Unknown
Page : 304 pages
File Size : 52,7 Mb
Release : 2016
Category : Constitutional courts
ISBN : 1785332732

Get Book

Constitutional Courts in Comparison by Ralf Rogowski,Thomas Gawron Pdf

The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

The Supreme Court and Constitutional Democracy

John Agresto
The Supreme Court and Constitutional Democracy Book PDF

Author : John Agresto
Publisher : Cornell University Press
Page : 188 pages
File Size : 48,7 Mb
Release : 1984
Category : Law
ISBN : 0801492777

Get Book

The Supreme Court and Constitutional Democracy by John Agresto Pdf

Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.

Settled Versus Right

Randy J. Kozel
Settled Versus Right Book PDF

Author : Randy J. Kozel
Publisher : Cambridge University Press
Page : 191 pages
File Size : 40,7 Mb
Release : 2017-06-06
Category : Law
ISBN : 9781107127531

Get Book

Settled Versus Right by Randy J. Kozel Pdf

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Proportionality in Action

Mordechai Kremnitzer,Talya Steiner,Andrej Lang
Proportionality in Action Book PDF

Author : Mordechai Kremnitzer,Talya Steiner,Andrej Lang
Publisher : Cambridge University Press
Page : 689 pages
File Size : 53,8 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781108497589

Get Book

Proportionality in Action by Mordechai Kremnitzer,Talya Steiner,Andrej Lang Pdf

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

International Criminal Procedure

Christoph Safferling
International Criminal Procedure Book PDF

Author : Christoph Safferling
Publisher : OUP Oxford
Page : 637 pages
File Size : 49,6 Mb
Release : 2012-03-15
Category : Law
ISBN : 9780191627736

Get Book

International Criminal Procedure by Christoph Safferling Pdf

This book sets out and analyses the procedural law applied by international criminal tribunals and the International Criminal Court (ICC). It traces the development of international criminal procedure from its roots in the International Military Tribunal at Nuremberg to its current application by the Yugoslav and Rwanda Tribunals, the Special Court for Sierra Leone, the Extraordinary Chamber in the Courts of Cambodia, and the International Criminal Court. All of these tribunals apply a different set of rules. The focus of this book, however, lies on the ICC and its procedural regime as contained in the Rome Statute, the Rules of Procedure and Evidence, and the different Regulations of the Court and of the Prosecutor. The exceptional compromise between common and civil law which formed the basis of the ICC's Statute created a unique procedural order. This book systematically analyses the Court's organisational structure, overall procedural setting, and the individual procedural regulations, and compares and contrasts these to other international criminal tribunals. Amongst the many unresolved procedural issues are the rights of the accused before, during, and after the trial, the disclosure of evidence, the presentation of evidence, the participation of victims, the protection of witnesses, and the cooperation between the ICC and individual states. Through looking at these issues, the book develops a concise and fitting theoretical underpinning for the ICC's procedural order that is not founded on any specific legal culture.

German Constitutional Law

Christian Bumke,Andreas Voßkuhle
German Constitutional Law Book PDF

Author : Christian Bumke,Andreas Voßkuhle
Publisher : Oxford University Press
Page : 624 pages
File Size : 41,7 Mb
Release : 2019-02-06
Category : Law
ISBN : 9780192535610

Get Book

German Constitutional Law by Christian Bumke,Andreas Voßkuhle Pdf

This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.

Federalism in the European Union

Elke Cloots,Geert De Baere,Stefan Sottiaux
Federalism in the European Union Book PDF

Author : Elke Cloots,Geert De Baere,Stefan Sottiaux
Publisher : Bloomsbury Publishing
Page : 438 pages
File Size : 43,6 Mb
Release : 2012-09-03
Category : Law
ISBN : 9781847319975

Get Book

Federalism in the European Union by Elke Cloots,Geert De Baere,Stefan Sottiaux Pdf

This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.